From sexual abuse to assault to harassment to misconduct. These are just some examples of terms used to describe the types of treatment someone may have to contend with.
Given how you’ve found this article, you may have been treated in a way that isn’t comfortable to you and be wondering how to classify the treatment you’ve endured. We’re hopeful the primer below helps you make sense of the difference between sexual abuse and misconduct, as well as the legal remedies that may be available to you if you face this type of mistreatment.
Understanding How To Define Sexual Abuse
The National Sexual Violence Resource Center (NSVRC) defines this concept as a situation where one person knowingly agitates a person into taking part in a sex act against someone else who isn’t able to either give consent or properly assess the situation. It describes how that “facilitator” utilizes fear tactics, like threats, to make the person who ultimately becomes an abuser commit the sex abuse.
What Sexual Misconduct Is
The NSVRC outlines how the concept of “sexual misconduct” can broadly refer to any type of unwanted sexual behavior someone endures in a multitude of environments. However, they state that this conduct is almost always associated with sexually explicit acts that occur by intimidation, manipulation, force, or cohesion within a higher education setting.
The NSVRC further states that much like sexual abuse, someone from the same or a different gender may behave this way.
Why It Matters If You Faced Sexual Misconduct or Sex Abuse
Now that you understand one national non-profit’s perspective on the difference between the two concepts above, you may want to better understand why the classification of these wrongful acts matters anyway. Mistreatment is wrong no matter what, right?
From our perspective as sexual assault and abuse attorneys, classifying sexually exploitative treatment matters for one critical reason. It can dictate whether prosecutors may be able to pursue criminal charges against the perpetrator of that abuse, or you can pursue a civil case against your abuser, or both are viable options.
Let us explain. In some instances, sex abuse may qualify as a crime for which prosecutors can file charges against a defendant, depending on the circumstances surrounding the case, including whether the statute of limitations has expired. However, as a sexual abuse victim in New Jersey, for example, whether or not prosecutors try your alleged abuser on such charges can help any potential civil case you may pursue, but at the same time, it’s necessary for such a case to be brought for you to hold that perpetrator civilly liable for their actions.
And, as for sexual misconduct, whether it occurs in the education sector, the workplace, or elsewhere, while such behavior may not warrant prosecutors becoming involved, filing a complaint with the appropriate governmental agency may yield institutional or corporate punishments such as fines and other penalties. Additionally, victims like perhaps yourself may be entitled to file a civil lawsuit against those parties who violated their rights.
Depending on the classification of the unwanted sexually-oriented conduct you endured, holding the direct perpetrators of those acts and any others who were permissive of the wrongful treatment may be possible — on a criminal, administrative, or civil level.
If you need help understanding which legal avenues are available to you, be sure to get in touch with us at Laffey Bucci D’Andrea Reich & Ryan for a confidential and complimentary initial consultation to discuss your case with our sex abuse attorneys. Although our law offices are located in Philadelphia and New Jersey, we help clients like you nationwide.
Why Should I Consider My Legal Options If I’ve Been Sexually Abused or Subjected to Misconduct?
As you probably already know all too well, unwanted sexual conduct can, unfortunately, leave a lasting impression on the lives of individuals who were subjected to it. No matter how incidental or severe the treatment you may have endured, you may be facing some of the common concerns abuse survivors like yourself experience, including:
- A propensity to become involved in other toxic work environments or abusive relationships
- The development of substance abuse issues, including alcoholism and drug addictions
- The emergence of mental health concerns, like low self-esteem, anxiety, depression, and post-traumatic stress disorder, all of which may lead to self-harm and suicidality
- Diagnoses with obesity and other health-related concerns
The above are just a few of the many ill effects associated with being mistreated or abused sexually by someone else. As you know first-hand, if you’re experiencing any of these, one of these adverse outcomes can take a long time and be costly to treat. The impact the combination of the above can have on a person’s life can be even more debilitating and staggering.
A criminal conviction certainly can serve as a deterrent to discourage any would-be abusers, for example, from repeating the same actions out of fear of spending a lengthy time in jail. Likewise, an administrative penalty, such as a fine, could discourage a school or employer from being as permissive of such acts in the future.
Nothing compares to holding a liable party civilly liable for their actions and the harm it caused you, though. As the saying goes, you hit them in the pocketbook where it hurts. Not only does this send a message that their behavior will not be tolerated by anyone, but it also provides you with the opportunity to recover compensation for much-needed counseling but other expenses you may have as you try to get back on your feet and live a fulfilling life after your sexual abuse or misconduct.
Again, any of our sex abuse and assault attorneys are available to discuss your legal rights with you when you’re ready. Just remember there is a statute of limitations that applies to filing civil cases if you opt to do so. So, don’t delay too long in reaching out to us.